Barrios-Flores v. Levi

Kapsner, Justice.

[¶ 1] Wises Barrios-Flores appeals from a judgment affirming a Department of Transportation decision revoking his driving privileges for two years for refusing to submit to an onsite screening test of his breath. We conclude a law enforcement officer may request an onsite screening test of a driver’s breath based on reasonable suspicion the driver was driving while impaired. We affirm.

I

[¶2] In June 2015, a law enforcement officer stopped a vehicle driven by Barrios-Flores for speeding. The officer testified at an administrative hearing that Barrios-Flores had watery bloodshot…